Divorce In Greece

According to the new divorce law in Greece, couples can now get a divorce by mutual consent without having to go through a lengthy court process.

The new law requires couples to have been married for at least six months and sign a written agreement covering aspects such as child custody and alimony.

Once the agreement is approved, the divorce takes effect immediately.

In Greek divorce proceedings, the role of a lawyer is multifaceted and crucial to the process, especially given the complexities of family law and the emotional nature of divorce.

Here are just a few of the key roles and responsibilities of an attorney in such cases:

• Legal advice and counselling: Lawyers provide expert legal advice tailored to the specifics of the client’s situation. They help clients understand their rights and obligations under Greek law, explain the divorce process and outline possible outcomes.
• Representation in court: In contested divorces, lawyers represent their clients in court. This includes preparing and filing the necessary legal documents, presenting the case, arguing on behalf of the client, and responding to the opposing party’s arguments.
• Negotiation and mediation: Attorneys often negotiate with the opposing party or their attorney to reach an amicable agreement on issues such as property division, child custody, and alimony. They may also participate in mediation sessions to facilitate mutually agreeable solutions.
• Drafting legal documents: This includes drafting and reviewing agreements related to the divorce, such as property settlement agreements, child custody agreements, and alimony agreements. These documents must be legally sound and accurately reflect the agreement between the parties.
• Protecting client interests: Lawyers work to ensure that their clients’ interests are protected throughout the divorce process. This includes advocating for fair financial settlements, appropriate child custody arrangements and adequate alimony.
• Handling complex issues: In cases involving complex issues, such as international divorces, high-asset divorces or child custody disputes, attorneys navigate the intricacies of these situations, ensuring compliance with relevant laws and seeking the best possible outcomes.
• Communicating with other parties: handle communications with the opposing party and their legal representatives, as well as with the court. This ensures that communications are professional, clear, and in accordance with legal protocols.

The length of a divorce proceeding in Greece can vary significantly depending on several factors, including the type of divorce (collaborative or contested), the complexity of the case, and the efficiency of the court system.

Contested divorces are usually quicker to resolve because they involve mutual agreement between the spouses on key issues such as property division, child custody and alimony. A collaborative divorce can take anywhere from a few months to about a year, depending on how quickly the couple reaches an agreement and the court’s schedule.

Contested divorces tend to take longer due to the nature of the disputes and the need for detailed court proceedings. A contested divorce in Greece can take anywhere from a few months to several years. The length depends largely on the complexity of the case, such as disputes over assets, custody issues and the need for detailed evidence and witness testimony.

In addition, if either party appeals the court’s decision, this can further extend the timeline.

It’s important to note that the Greek legal system, like many others, can experience delays due to various factors, including court backlogs and procedural requirements. In addition, the preparation phase prior to the actual filing of the divorce, during which the parties gather necessary documents and negotiate preliminary agreements, can also add to the overall timeline.

Individuals seeking a divorce in Greece should be prepared for these timeframes and seek legal advice for a more precise estimate based on their specific circumstances. An attorney experienced in Greek family law can provide guidance on how to potentially expedite the process and what to expect at each stage.

In Greek divorce cases, the determination of child custody is a matter of significant importance, and the primary consideration is always the best interests of the child.

The following are some of the most important factors that are considered:

• The best interests of the child: The paramount consideration in any child custody decision in Greece is the welfare and best interests of the child. This includes consideration of the child’s emotional, educational, social and physical needs.
• Parental ability: The court assesses each parent’s ability to care for the child, which includes looking at their emotional and psychological stability, financial ability, lifestyle, and the overall environment they can provide.
• Child’s wishes: Depending on the age and maturity of the child, the court may consider the child’s own preferences. Generally, the opinions of older and more mature children are given more weight.
• Parent-child relationship: The strength and quality of the child’s relationship with each parent is closely examined. The court tends to favor arrangements that maintain strong, stable and loving relationships with both parents.
• Siblings: Greek courts usually prefer to keep siblings together to maintain family ties and mutual support.
• Domestic violence or abuse: Any history of domestic violence, abuse or neglect by either parent will have a significant impact on the custody decision. The safety and protection of the child is paramount.
  Once custody is determined, the court will also make visitation arrangements for the non-custodial parent to ensure that the child maintains a meaningful relationship with both parents.

It is important to note that child custody decisions are not final and can be revisited if circumstances change significantly. Parents may also mutually agree to modify custody arrangements, subject to court approval.

Given the complexity and highly individual nature of child custody cases, legal advice from a professional experienced in Greek family law is highly recommended.

The financial and tax implications of getting a divorce in Greece can be quite significant and should be carefully considered during the divorce process:

• Transfer of Property: When marital assets are divided and transferred as part of a divorce settlement, there may be tax implications. Depending on the nature of the assets and how the transfer is structured, transfer taxes or capital gains taxes may apply. For example, the transfer of real estate or stock may trigger such taxes.
• Alimony and child support: Alimony payments in Greece may have tax implications for both the payer and the recipient. The tax treatment of these payments can vary, and it’s important to understand how they are classified and taxed under Greek law. Child support payments, on the other hand, are generally not taxable for the recipient and are not tax deductible for the payer.
• Individual tax filings: After a divorce, individuals must file taxes separately, which may change their tax liability. The shift from joint to individual filing may affect income tax brackets and eligibility for certain deductions or credits.
• Settlements and lump sum payments: Any lump sum payments received as part of a divorce settlement may be taxable. It’s important to understand how these payments are classified under Greek tax law and what the tax liability may be.
• Division of business interests: If the divorce involves the division of business interests or shares in a company, this can have complex tax consequences. The valuation and division of these assets must be handled carefully to minimize potential tax liabilities.
• Capital gains from the sale of assets: If the divorce requires the sale of assets such as real estate or investments, capital gains tax may be an issue. The amount of tax depends on several factors, including how long the asset was held and the amount of gain realized.
• Tax debts and liabilities: Existing tax debts or liabilities are also a consideration in a divorce. It’s important to determine how these will be divided or assigned, as both parties could potentially be held responsible.

As in any other country, getting a divorce in Greece can be complicated depending on the circumstances.

In a consensual divorce, where both parties agree on all terms, including property division, child custody and support, the process is relatively straightforward. In this case, the couple signs an agreement, which is then presented to the court. The court usually grants the divorce without much delay, and the process can be completed in a few months.

If one party does not agree to the divorce or there are disputes over the terms, the process is more complex. Because it involves filing a petition, serving the spouse, and possibly a trial, this process can take several months to years, depending on the complexity and cooperation of both parties.

The division of property in Greece after a divorce is governed by legal principles that emphasize both fairness and the contributions of each spouse during the marriage.

Greece operates under a system in which each spouse generally retains ownership of property brought into the marriage or acquired individually during the marriage through inheritance or gifts. However, property acquired during the marriage through the joint efforts of both spouses may be subject to division.

When a couple divorces, they can agree on how to divide their property. If the spouses cannot agree, the court steps in to determine how the property should be divided.

Alimony in Greece is not automatic; it must be requested by the spouse who believes they are entitled to it.

The spouse seeking alimony must show a genuine need for financial support and that they cannot maintain the same standard of living they enjoyed during the marriage without the support. The court will then evaluate the financial circumstances of both parties to determine if alimony is warranted and, if so, how much should be paid.

In determining whether alimony should be awarded, Greek courts consider several factors, including the financial situation of both spouses, the length of the marriage, the standard of living during the marriage, and the ability of the spouse filing the petition to become self-sufficient. The court will also consider the age and health of both spouses, the contributions made by each spouse during the marriage (including non-financial contributions such as raising children or managing the household), and any existing obligations such as caring for children or other dependents.

The cost of a divorce in Greece can vary significantly depending on several factors, including whether the divorce is contested or uncontested, the complexity of the case and the legal fees involved.

It can range from around €1,000 to €2,000 for a simple uncontested divorce to over €10,000 or more for a complex contested divorce.

Costs can escalate further due to multiple levels of court (such as an appeal), notary fees, mediation services and expert witness fees.

Please contact our office for a more accurate estimate based on the specifics of your case.

Greece has a divorce rate of about 1.8 per 1,000 people.

This reflects a significant increase over the decades, consistent with broader trends in Europe where divorce rates have increased as marriage rates have declined. Specifically, marriage rates in Greece have fallen from 8.9 per 1,000 in the 1960s to around 4.4 per 1,000 in recent years, while divorce rates have risen from 0.4 to the current 1.8 per 1,000.

This shift is also observed across the European Union, where legal and social changes over the years have made marriage and divorce patterns more fluid. Nevertheless, Greece’s divorce trends remain among the lower rates compared to other EU countries.